N. J. Magnan Co. v. Fuller
Massachusetts Supreme Judicial Court
Two actions of contract, the first count of the declaration in the first action alleging that the plaintiff, a corporation engaged in the business of a contracting builder, entered upon the performance of a contract in writing with the defendants for the construction of a concrete grand stand, described in the opinion; that at a certain point in the construction a concrete slab broke because of defects in the design, plans and specifications of the defendants’ engineer and…
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Two actions of contract, the first count of the declaration in the first action alleging that the plaintiff, a corporation engaged in the business of a contracting builder, entered upon the performance of a contract in writing with the defendants for the construction of a concrete grand stand, described in the opinion; that at a certain point in the construction a concrete slab broke because of defects in the design, plans and specifications of the defendants’ engineer and without any fault on the part of the plaintiff; that thereupon the plaintiff refused to perform the contract further…
1Opinion of the CourtRugg, C. J.
The N. J. Magnan Company, hereafter referred to as the contractor, made'a written agreement with Robert J. *533Fuller and four others, hereafter called the committee, “to supply the material and do the construction of a grand stand on Columbia Field in accordance with the plans and specifications drawn up and submitted by Engineer, J. E. Judson.” The grand stand was to be made of concrete.
1. After the contract had been partially performed, a concrete slab, which was an important part of the structure, broke when its supports were removed. Thereupon, the contractor refused to complete the contract…
2Cases cited8 opinions
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
- Gaston v. GordonMassachusetts Supreme Judicial Court · 1911
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Clarke v. City of Fall RiverMassachusetts Supreme Judicial Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Virginian Export Coal Co. v. Rowland Land Co.West Virginia Supreme Court · 1926
- Orpin v. MorrisonMassachusetts Supreme Judicial Court · 1918
- M. DeMatteo Construction Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1959
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Beacon Tool & Machinery Co. v. National Products Manufacturing Co.Massachusetts Supreme Judicial Court · 1925
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